A Division Bench of the Jammu & Kashmir and Ladakh High Court dismissed the Government’s appeal against compensation and occupation-rent directions for land used to construct a Panchayat Ghar.
Judge / Bench — Hon’ble Mrs. Justice Sindhu Sharma and Hon’ble Mr. Justice Shahzad Azeem, Judges
The asserted voluntary donation was unsupported by cogent proof of a valid, unconditional transfer; an affidavit and an alleged employment assurance did not establish a gift defeating compensation. The continuing deprivation of property also defeated the delay-and-laches objection on these facts. Upholding the Single Judge’s directions, the Bench required lawful compensation and rent for occupation until payment, subject to the terms of that judgment. The ruling is useful where public authorities retain privately owned land without acquisition: the evidentiary basis of any alleged gift, rather than the public purpose alone, determines whether compensation can be resisted.
Case — UT of Jammu and Kashmir and others v. Parkash Chand and another · LPA No. 17/2024 · 2026-10-13 · Jammu wing
Advocates appearing — Appellants — Mr. Ravinder Gupta, AAG. Respondents — Mr. Ashok Sharma, Advocate.